TNT Australia Pty. Ltd. v Wills

TNT Australia Pty. Ltd. (TNT) appealed to the Court of Appeal of New South Wales against a judgment in favour of Mr. Wills, who had been injured while operating a car-carrying trailer supplied by TNT. Mr. Wills was an employee of his own company, which had a contract with TNT. The dispute concerned whether TNT owed Mr. Wills a duty of care, whether that duty was breached, and whether TNT was entitled to contribution from other parties.

The primary legal issues before the court were whether TNT owed Mr. Wills a duty of care analogous to that of an employer, or merely the duty of a supplier of goods, and if so, whether that duty had been breached. The court also considered whether TNT was entitled to contribution from other parties and the liability of a motor accidents insurer.

The Court of Appeal found that TNT did not owe Mr. Wills a duty of care analogous to that of an employer. Instead, TNT's duty was that of a supplier of a trailer. The court determined that TNT had not breached this duty. Consequently, the appeal against Mr. Wills was allowed, and the judgment in his favour was set aside. TNT's appeals against GSW and Zurich, and Zurich's cross-appeal, were dismissed.